In the end my lords gave way, and Marlow received again her ravished freeholder. During the strain and stress of our eighteenth century war-making, when we had every need of seamen to man our battle-ships, and could not afford the market price for them, there was much impressment, and through frequent appeals to the courts the law on the subject was exactly determined. It was a prerogative of the Crown, a remnant of larger rights which at one time took in soldiers and ships, or their equivalent in cash (Hampden's famous trial scarce needs mention); it could not be justified (it was allowed) by reason, but only by public necessity. On command of the king all sea and river-faring men were liable to naval service in time of war. The right to impress was founded on immemorial usage, for, though given by no statute, it was recognised by many. It was so held on the authority of a case in Queen Elizabeth's reign: the sole customary exception was a ferryman; but merchant captains were in practice likewise allowed to go free. Only in Charles I.'s reign, when all the Crown prerogatives were jealously overhauled, was there any serious questioning of its legality, but it was exercised by the Commonwealth as well as by the Monarchy. Given up in fact some fifty years since, it has never been so in law. You find in Horner's _Crown Practice_ (1844) a form of _Habeas Corpus ad subjiciendum_ for impressed men, with the comment that it is little needed now. Of the enormous number of commissions and statutes relating to impressment, an example taken here and there must suffice. The acts express amazement and virtuous indignation at mariners unwilling to serve. One (_temp._ Henry VII.) sets forth that such as are chosen, and have received their wages, shall, if they give leg-bail, be amerced in double, and go to prison for a year--when they are caught. Another (_temp._ Philip and Mary) reproves the Thames watermen who, in pressing time, "do willingly and obstinately withdraw, hide, and convey themselves into secret places and outcovers; and, after the said time of pressing is o'erpassed, return to their employments." After the Revolution an attempt was made to establish a naval reserve by means of a voluntary register, and so do away with impressment, but this was a complete failure. Then, to foster the coal and other trades, certain exceptions were granted; and still later, sailors in outward bound merchantmen were exempted because of the hardship inflicted on their employers (the hardship of the sailor impressed in sight of port after a long voyage was not considered). When a warship fell in with a merchantman on the high seas she impressed what men she would. British sailors found on board American vessels were hauled out forthwith, and this was one cause of the War of 1812.